Musharraf was responsible for imposing emergency on Nov 3: FIA

FIA investigation team head says officials categorically denied sending any summary or proposal for imposing emergency

ISLAMABAD: Head of Federal Investigation Agency's (FIA) inquiry team on Thursday told a Special Court that their investigations had concluded that former president Gen (retd) Pervez Musharraf was responsible for imposing emergency in the country on November 3, 2007.  

FIA's Khalid Mehmood Qureshi, whose team had been tasked with probing treason charges against the former president, further told the court on Thursday that Musharraf was also to blame for instituting the Provisional Constitutional Order and the Oath of Office (Judges) Order.

A three-judge Special Court headed by Justice Faisal Arab was hearing the treason case against the former military dictator.

Qureshi said that his team had unanimously reached the conclusion that Musharraf subverted and held the Constitution in abeyance, and therefore recommend the registration of a complaint under High Treason (punishment) Act 1973.

Qureshi, who is the last prosecution witness, informed the court that the former military dictator had refused to record his statement when the team met him at his farmhouse in Chak Shehzad on December 6, 2013.

“I showed Musharraf the Proclamation of Emergency Order, PCO and Oath of Office (Judges) Order bearing his signature."

Qureshi met the former dictator along with Hussain Asghar, another member of the FIA team, in the presence of Colonel (retd) Illyas, who is part of Musharraf’s security team.

The FIA investigation team said they had contacted every person concerned at the PM Secretariat, President Secretariat, Cabinet Division and Ministry of Law and Justice, Ministry of Interior and Ministry of Defence in order to obtain information pertaining to the imposition of emergency on November 3, 2007.

“We also wrote to Justice (retd) Malik Qayyum, ex-attorney general, Masood Alam Rizvi, the then cabinet secretary, Mohsin Hafeez, former secretary to President, Syed Kamal Shah, ex-interior secretary, Justice (retd) Ajmal Mian, ex-secretary law, Khalid Saeed the then secretary to PM and Hamid Khan, former chief commissioner regarding the November 3 action,” Qureshi explained.

“According to the rules of business these officials should have the record of the summary, recommendations or proposals, which were sent to Musharraf for proclamation of emergency.”

Qureshi added that during their probe, these officials categorically denied sending any recommendation or proposal for imposing emergency in the country due to breakdown of law and order or inability of the government to function, etc.

All the documents procured and the statements recorded were submitted to the Ministry of Interior through Director General FIA.

Almost 10 progress reports were also submitted to the Ministry of Interior, while three additional reports were also submitted on the requisition of the parliamentarians.

The investigation team's head further state that on his direction, Najaf Quli Mirza, the then director of FIA Sindh, recorded the statement of Sharifuddin Pirzada, the then legal advisor of the federal government and governor Sindh Ishratul Ebad as well.

The hearing was adjourned till September 16 when the defence will be able to cross-question Qureshi.